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Ezequiel Artola

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Ezequiel Artola is a partner in the Energy, Mining and Infrastructure Practice Group in Buenos Aires. He advises clients on a variety of complex transactional, general commercial and regulatory matters, with emphasis on mergers and acquisitions, joint ventures, commercial agreements and corporate practice. Ezequiel was assistant professor of commercial and civil contracts at the Universidad de Buenos Aires, and has written articles related to mining, oil and gas, and distribution and agency agreements.

On 1 December 2023, the Energy Secretariat, through Resolution 970/23 (“Resolution”), created the National Program for the Measurement and Reduction of Emissions from Hydrocarbon Exploration and Production Activities.
Hydrocarbon-producing companies must submit: (i) an annual plan for the measurement of emissions; and (ii) a comprehensive five-year plan for the reduction and/or capture of emissions before the Hydrocarbons Sub-Secretariat, which will be in charge of issuing further complementary regulations.

On 14 November 2023, through Resolution 385/2023 of the Ministry of Environment and Sustainable Development, the National Strategy for the Use of Carbon Markets (ENUMeC) was approved.
The ENUMeC aims to promote the implementation of carbon markets and the development of projects that contribute to the mitigation and adaptation to climate change in Argentina, in line with the international climate commitments undertaken by Argentina (under the Paris Agreement, the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol).

On 27 July 2023, through Resolution 621/2023, the National Energy Secretariat called for interested parties to submit offers in the “TerCONF” open call to enter into thermal generation supply agreements with Compañía Administradora del Mercado Mayorista Eléctrico S.A. for a term of up to 15 years. Remuneration contemplates a payment for the availability of the power offered and another one for the energy supplied. The open call seeks to increase the thermal generation of the Argentine Interconnection System, modernize the power plants and their assets located in Tierra del Fuego, and adapt the reserves to accompany the increasing demand. 

On 29 May 2023, the National Executive Power sent the Liquefied Natural Gas Promotion Bill to the Honorable Chamber of Deputies of the Nation. The Bill, while still a draft, creates a Promotional Regime for Large Liquefied Natural Gas Investment Projects for the production, storage, commercialization, transportation and infrastructure of LNG and/or its export, through the granting of tax, customs and exchange control benefits.

On 29 May 2023, the National Executive Power sent the Liquefied Natural Gas Promotion Bill to the Honorable Chamber of Deputies of the Nation. The Bill, while still a draft, creates a Promotional Regime for Large Liquefied Natural Gas Investment Projects for the production, storage, commercialization, transportation and infrastructure of LNG and/or its export, through the granting of tax, customs and exchange control benefits.

On 13 July 2023, Resolution No. 90/2023 of the National Mining Secretariat was published, establishing the updated mining fee that considers the consumer price index published by the National Institute of Statistics and Census. The update will be carried out in December of each year and will be applicable to the value of the mining canon in the following year.

Resolution No. 13/2023 of 16 January 2023 of the Energy Secretariat (SE) establishes the General Conditions that hydrocarbon exploration and production companies must comply with to access Argentina’s foreign exchange market to obtain foreign currency related to their Incremental Oil and Natural Gas Production.

On 17 January 2023, the governor of the Province of La Rioja enacted Law No. 10,608, declaring the study, research, prospecting, exploration, exploitation and industrialization of lithium and its derivatives to be of public interest. The Law undertook the following measures: (i) suspended existing mining permits and concessions related to this resource for 120 days with a possible extension for the same period, with the plan to determine areas of interest; (ii) established the participation of the provincial company in all lithium-related projects; and (iii) established a preference right for provincial state-owned companies in the application for mining rights.